HomeMy WebLinkAboutOrdinance - 84-66 - City Code - Chapter 4 - 03/06/1984 PROPOSED ORDINANCE NO. 6-84
ORDINANCE NO. 66-84
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE , MINNESOTA, AMENDING CITY
CODE CHAPTER 4 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULA-
TION" BY CHANGING PROVISIONS RELATING TO DEFINITIONS OF CLUB AND
FRATERNAL CLUB, RESIDENT MANAGER OR AGENT, LIMITATION ON OWNERSHIP,
HOURS OF SALE, LIQUOR AND ON-SALE WINE LICENSE REQUIREMENTS ; BY
REPEALING A PROVISION RELATING TO INSURANCE COVERAGE; AND, BY ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA., ORDAINS :
Section 1. Eden Prairie City Code, Section 4.01, entitled
"Definitions" is hereby amended by changing Subdivisio'ns 15 and 16 to
read:
15. "Club" means any corporation duly organized under
the laws of this State for civic, fraternal, social, or business
purposes or for intellectual improvement or for the promotion of
sports , or a congressionally chartered veterans organization,
which shall have more than fifty members, and shall, for more
than a year, have owned, hired, or leased a building or space in
a building of such extent and character as may be suitable and
adequate for the reasonable and comfortable accommodation of its
members , and whose affairs and management are conducted by a
Board of Directors, Executive Committee, or other similar body
chosen by the members at a meeting held for that purpose, none of
whose members, officers, agents, or employees are paid directly
or indirectly any compensation by way of profit from the distri-
bution or sale of beverages to the members of the club, or to its
guests, beyond the amount of such reasonable salary or wages as
may be fixed and voted each year by the Directors or other
governing body. Such club or congressionally chartered veterans
organization must be incorporated and must have been in existence
for at least three years.
16 . "Fraternal club" means a club which serves only
members and their guests and which uses any profits derived from
liquor sales principally for sponsoring activities beneficial to
the community and not for the profit of any individual.
Section 2. Eden Prairie City Code , Section 4.02 entitled
"Applications and Licenses Under This Chapter - Procedure and Adminis-
tration" is hereby amended by changing Subdivision 7 to read :
Subd. 7. Manager or Agent. Before a license is issued
under this Chapter to an individual who is a non-resident of the
City, to more than one individual whether or not they are
residents of the City, or to a corporation, partnership, or
( association, the applicant or applicants shall, appoint in writing
a natural person who is its manager or agent. Such manager or
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agent shall, by the terms of his written consent, (1) take full
responsibility for the conduct of the licensed premises, and, (2)
serve as agent for service of notices and other process relating
to the license. Such manager or agent must be a person who, by
reason of age, character , reputation, and other attributes, could
qualify individually as a licensee. If such manager or agent
ceases to act in such capacity for the licensee without appoint-
ment of a successor, the license issued pursuant to such
appointment shall be subject to revocation or suspension.
Section 3. Eden Prairie City Code, Section 4.05, is hereby
amended to read :
SEC. 4.05. LIMITATION ON OWNERSHIP. No person shall be
granted liquor or wine licenses at more than one location. For
the purpose of this Section, any person owning an interest of
five percent, or more , of the entity to which the license is
issued, or such ownership by a member of his immediate family,
shall be deemed to be a licensee.
Section 4. Eden Prairie City Code , Section 4. 14 , entitled
"Financial Responsibility of Licensees" is hereby amended by changing
Subdivisions 1 , 2 and 3 to read:
Subd. 1. Proof. No beer, wine or liquor license shall
be issued or renewed unless and until the applicant has provided
proof of financial responsibility imposed by Minnesota Statutes,
Section 340.95, by filing with the City:
(Subparagraphs A, B and C remain the same)
Subd. 2. Exception. This Section does not apply to
on-sale beer licensees with sales of beer of less than $10,000.00
for the preceding year, nor to off-sale beer licensees with sales
of beer of less than $20,000.00 for the preceding year , nor does s
it apply to holders of on-sale wine licenses with sales of wine
of less than $10,000.00 for the preceding year. An affidavit of g
the licensee shall be required to establish the exemption under i
this Subdivision.
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Subd. 3. Documents Submitted to Commissioner. All
proofs of financial responsibility and exemption affidavits filed
with the City under this Section shall be submitted by the City
to the Minnesota Commissioner of Public Safety.
Section 5 . Eden Prairie City Code , Section 4.33 is hereby
amended to read :
SEC. 4.33. HOURS OF BEER SALES. No sale of beer shall be
made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M.
on any weekday, Monday through Saturday, inclusive. Neither
shall any beer sale be made on any Sunday between the hours of
1 : 00 o' clock A.M. and 12 : 00 o' clock noon. ! "
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Section 6. Eden Prairie City Code, Section 4. 51, entitled
"Liquor License Restrictions and Regulations" is hereby amended by
changing Subdivisions 1 and 10 to read :
Subd. 1. Prior to issuance of any on-sale license, the
applicant shall file with the City Clerk-Treasurer a bond with a
corporate surety, cash or United States government bonds in the
sum of $3 , 000 . 00 .
Subd. 10 . On-sale licenses shall be granted only to
hotels, motels, restaurants, clubs, fraternal clubs, and congres-
sionally chartered veterans organizations.
Section 7. Eden Prairie City Code, Section 4.52 , is hereby
amended to read :
SEC. 4.52. HOURS AND DAYS OF LIQUOR SALES. Except as pro-
vided in Section 4.53, no sale of liquor shall be made after 1:00
o'clock A.M. on Sunday, nor until 8 :00 o'clock A.M. on Monday,
nor after 8:00 o'clock P.M. on December 24, nor between the hours
of 1 :00 o'clock A.M. and 8 :00 o' clock A.M. on any weekday.
Section 8. Eden Prairie City Code, Section 4.53 , is hereby
amended to read :
SEC. 4.53. SUNDAY SALES. A Sunday on-sale liquor license
may be issued to hotels, motels, restaurants or clubs, as herein
defined, which have on-sale licenses and which also have facili-
ties for serving not less than 150 guests at one time, may serve
liquor between the hours of 12:00 o'clock noon and 12:00 o'clock
midnight on Sundays in conjunction with the serving of food.
Section 9. Eden Prairie City Code, Section 4.71, entitled "On-
Sale Wine License Restrictions and Regulations" is hereby amended by
changing Subdivisions 1 and 6 to read :
Subd. 1. Prior to issuance of any on-sale wine
license, the applicant shall file with the City Clerk-Treasurer a
bond with a corporate surety, cash or United States government
bonds in the sum of $3 ,000 .00.
Subd. 6. No person under the age of eighteen (18)
years shall be employed upon premises, or in any rooms constitut-
ing the same, except that persons under the age of eighteen years
may be employed as musicians or to perform the duties of a busboy
or dishwashing services in places defined as a restaurant. Per-
sons under eighteen years of age may be employed as waiters or
waitresses in places defined as a restaurant, hotel or motel to
serve food in rooms in which only wine is sold on-sale, provided
they shall not be permitted to serve or sell wine.
i
Section 10. Eden Prairie City Code, Chapter 1 entitled "General
Provisions and Definitions Applicable to the Entire City Code Includ-
ing Penalty for Violation" and Section 4.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
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Section 11. This ordinance shall become effective from and after
its passage and publication. y
FIRST READ at a regular meeting of the City Council of the City
of Eden Prairie on the 6th day of March , 19 84 , and
finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 27th day of March
19 84 .
ATTEST:
/ s
ity
Clerk �' May r '
Published in the Eden Prairie News on the 4th day of April , 1984
,
19
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8.99 WHICH. AMONG OTHER THINGS.CONTAIN�
PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OP EDEN
PRAIRIE,MINNESOTA.ORDAINS:
Section I. Eden Prairie City Code,Section 8.16, is
hereby amended to read:
SEC.8.16. PHYSICALLY HANDICAPPED PARK-',
ING.
I Subd.1.Statutory parking privileges for physically;
t handicapped shalt bests-ctty observed and enforced.i
t All handicapped parking signs are to be permanently
1 affixed.The handicapped parking sign shall be ap
proximately 18" x 24' or larger with a blue,
l background and white letters bearing the handicap-;
ped insignia and shall state - HANDICAPPED Affidavit o f Publication
PARKING - STATE PERMIT REQUIRED -
I POLICE WILL. ENFORCE. Police officers are
authorized to tag vehicles on either private or public'
property in violation of such statutory privileges.;
t Police officers are also authorized to tag any
S vehicles blocking access to handicap parking spaces
even though they are not actually parking in the'
space. State of Minnesota j
s Subd.2. It is unlawful for any person,whether or.
P not physically handicapped,to stop,park, or leave" )SS,
9 standing, a motor vehicle i I) in a sign-posted firq County o f Hennepin
j
s lane at any time.or f21 in lanes.where,and during
n such hours as,parking is prohibited to accommodate
t heavy traffic during morning and afternoon rush
c hours.
` Section 2-Eden Prairie City Code,Chapter 1 eolith Mark A . Weber being duty sworn, on oath says that he/she is the
r ed'•General Provisions and Definitions Applicable to publisher or authorized agent and employee of the publisher of the newspaper known as Eden Prairie News,and has full
r the Entire City Code Including Penalty fog knowledge of the facts which are state below:
r Violation" and Soction 6.99 entitled "Violation 0
eMisdemeanor or Petty Misdemeanor" are hereby i A)The newspaper has compliee with all of the requirements constituting qualification as a legal newspaper.as pro-
d adopted in their entirety,by reference,as though vided by Minnesota Statutes 331.02,331.06.and other applicable laws.
P repeated verbatim herein.
tl Section 3. This ordinance shall become effectiiw fB) The printed _ Or¢1 f1r7_f1 S_-__1�1C1.
a from and after its passage and publication-
b FIRST READ at a regular meeting of the Cit1
OF Council of the City of Eden Prairie on the eth day a
d March, 1984, and finally read and adopted anc
p ATTEST B 8 1
ordered published at a regular meeting of the it
tt Council of said Cityon the 27th day of March,1984. which is attached was cut from the columns of said newspaper,and was printed and published once each week, for
Wolfgang H.Penzel
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coring activities beneficial to the community and not
for the profit of any individual.
Section 2.Eden Prairie City Code,Section 4,02 en. was thereafter printed and published on every -_.. ._ to and including _. the day of
titled "Applications and licenses Under This
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